Turkish citizenship acquired subsequently does not confer a permanent status in all circumstances. In certain cases the citizenship decision may be withdrawn and the person returns to the position of a foreign national. A person faced with such a decision has available both an administrative objection and an action for annulment.
The course to be followed, however, is shaped by the ground on which the annulment rests. In this briefing note we examine the circumstances in which annulment arises, the legal consequences of the decision, the special provision governing the liquidation of assets, and the legal mechanisms that may be invoked against the decision.
Grounds for Annulment
The annulment of a citizenship decision is tied essentially to two forms of conduct: the making of a statement contrary to the truth during the application, or the concealment of matters that were decisive in the acquisition of citizenship. The provision is contained in Article 31 of the Turkish Citizenship Act No. 5901:
Turkish Citizenship Act No. 5901, Art. 31
“Where the decision granting Turkish citizenship has come about as a result of the false statement of the person concerned or of that person’s concealment of important matters constituting the basis for the acquisition of citizenship, it shall be annulled by the authority that took the decision”
Two criteria stand out in the application of the provision. For a false statement to constitute a basis for annulment, it is required that it have been made knowingly. In the case of concealment, the matter concealed must be of such a nature as to affect the outcome of the application, that is to say, it must be important.
For annulment to arise, it must subsequently be established that the foreign national made a statement contrary to the truth, submitted a false document or concealed important information. In such a case the Ministry opens an investigation into the matter; where these points are proved as a result of the inquiry and investigation carried out, the citizenship decision is annulled.
The power of annulment belongs to the authority that decided upon the acquisition of citizenship. The grounds on which the decision rests must be demonstrated by concrete evidence; annulment decisions founded on mere possibilities are not valid in law.
Validity of the Decision and Its Consequences
The lawfulness of an annulment decision depends upon an investigation being conducted by the Ministry in due form, upon the grounds for annulment being established by that investigation, and upon the decision being based on that finding. The decision produces effect from the date on which it is taken.
No time limit has been laid down in respect of annulment. Accordingly, the citizenship decision may be withdrawn even where the grounds requiring annulment come to light after the passage of many years.
The principal consequences of the decision are as follows:
- The person loses the status of Turkish citizen and passes into the position of a foreign national.
- A spouse and children who acquired citizenship as dependants of the person whose citizenship has been annulled also lose that status; by contrast, no such loss arises in respect of a spouse who acquired citizenship through marriage or a child born after the acquisition of citizenship.
- An annulment decision does not of itself give rise to deportation. The person concerned may reside in the country within the framework of the Law on Foreigners and International Protection No. 6458 and may continue to benefit from the rights afforded to foreign nationals.
- The legal transactions carried out by the person in the capacity of a Turkish citizen during the period between the date of acquisition of citizenship and the date of annulment retain their validity.
- Depending on the particular circumstances, the liquidation of the assets in Türkiye of the person whose citizenship has been annulled may arise.
Liquidation of Assets
The assets of every person whose citizenship is annulled are not subject to liquidation. For liquidation to be in question, the matter must have been expressly included in the annulment decision.
Persons upon whom an obligation of liquidation falls are expected to complete that process within one year at the latest. If the liquidation is not carried out within that period, the assets of the person, now in the position of a foreign national, are sold through the Treasury. The proceeds of the sale are deposited, in the name and on behalf of those concerned, with a public bank forming part of the public treasury system.
Liquidation is a demanding process containing technical detail in its legal dimension as much as in its economic one. There is therefore considerable benefit in conducting the process with the support of a lawyer experienced in the field of immigration law.
PLEASE NOTE: Where the person whose citizenship has been annulled applies to the courts against that decision, the liquidation of the assets is held in abeyance until the action is concluded. This provision, contained in Art. 33(2) of the Turkish Citizenship Act No. 5901, makes it critical in practical terms that the judicial process be commenced at the earliest possible moment.
Objection and Action for Annulment against the Decision
Both an administrative objection and recourse to the courts are open against a decision annulling citizenship. Foreign nationals who wish to continue residing in Türkiye must set these mechanisms in motion.
Objection to the Competent Authority
The first option is to lodge an objection with the authority that took the decision; that authority is the Ministry of the Interior, which decided upon the annulment of citizenship. The objection must be made within 60 days beginning from the day following notification of the annulment decision to the person concerned.
Where the objection is unsuccessful, the route of an action for annulment opens. A failure by the Ministry to reply for 30 days likewise amounts to a rejection of the request and an action may be brought. It is nevertheless also possible to proceed directly to an action without invoking the objection stage at all.
Action for Annulment
The action for annulment is brought within 60 days from the day following notification of the decision to the foreign national. The petition must set out clearly and with reasons the respects in which the annulment decision is unlawful.
As noted above, where an action is brought against the annulment decision, the obligation to liquidate the assets in Türkiye within one year is postponed and remains suspended until the action has been concluded.
The court examines the grounds for annulment and the particular circumstances of the case, assesses whether the decision is lawful and delivers its final judgment. The details of the objection and litigation processes are explained in the note entitled objection to the rejection of a Turkish citizenship application and action for annulment; the procedure to be followed against a rejection decision and against an annulment decision is the same.
These two routes are not the only possibilities available to a person whose citizenship has been annulled. Where the necessary conditions are satisfied, a fresh citizenship application may be made. All the situations permitting the acquisition of citizenship are addressed in the note entitled how to obtain Turkish citizenship.
Court with Subject-Matter and Territorial Jurisdiction
In an action to be brought against the annulment decision, the courts with subject-matter and territorial jurisdiction are the administrative courts of Ankara. Bringing the action before the correct court is therefore of particular importance; otherwise additional costs and loss of time may arise.
Length of the Process
The objection and annulment action process takes on average around one year.
That period is not fixed; it may vary according to the grounds on which the annulment rests, the workload of the courts and the conduct of the claimant during the process.
Conclusion
The annulment of a citizenship decision gives rise to severe consequences that fundamentally alter the person’s legal position in Türkiye. Those who consider the decision to be unjustified must make effective use of the possibilities of objection and litigation. That in turn requires a scrupulous approach to procedural steps, time limits and the preparation of the petition. In order to avoid difficulties, it is appropriate to obtain the support of a lawyer experienced in the field of immigration law.
Independent Legal Assessment
In annulment files the decisive matter is most often not the existence of a ground for annulment but whether that ground has been proved by the administration with concrete evidence. If it cannot be shown that the false statement was made knowingly, or that the matter concealed was of importance for the application, the decision becomes seriously open to challenge on the ground of unlawfulness.
The second critical dimension of the process is liquidation. The postponement of the obligation of liquidation upon the bringing of an action shows that early recourse to the courts has not only a procedural but also an economic consequence.
In a particular file the following headings should be examined first:
- identifying, one by one, the statement or document on which the annulment decision rests and questioning its evidential value;
- assessing whether the matter alleged to have been concealed genuinely affected the outcome of the application;
- examining separately the status of the spouse and children in terms of whether they are affected by the loss;
- checking whether the obligation of liquidation appears in the text of the decision, and planning the management of the time limits;
- calendaring the 60-day objection and litigation periods by reference to the date of notification;
- not overlooking the fact that the action is to be brought before the administrative courts of Ankara.
Independent Legal provides advisory services and conducts litigation throughout the whole of the process in disputes concerning the annulment of a citizenship decision, from the administrative objection stage to the conduct of the action for annulment.